M.KARPAGA VINAYAGAM, J. - (1.) WEST Singhbhum Truck Owners' Welfare Association, Chaibasa, through this Public Interest Litigation, bringing to the notice of this Court the fact that the respondent -State Government has not been taking effective steps for the compliance, implementation and strict adherence of the provisions of Section 113, 114 and 115 of the Motor Vehicles Act and for complying with the directions given by the Supreme Court in the case ofParamjit Bhasin and Ors. V/s. Union of India and Ors. resulting in mass and rampant movement of trucks and lorries carrying the weight beyond the prescribed limits causing several kinds of hazards, such as damage of road etc. and serious nature of accidents, has prayed for a direction to the respondent to ensure the strict adherence of the relevant provisions of the Motor Vehicles Act and for compliance of the directions of the Supreme Court.
(2.) ACCORDING to the petitioner, due to rich mining activities in the districts of West Singhbhum and East Singhbhum, there are number of transport companies operating in the districts and involving the uncontrolled movement of vehicles with over -loading, which has been constantly violating the provisions of Section 113, 114 and 115 of the Motor Vehicles Act, causing serious accidents, apart from giving premium to the smuggling and illegal lifting of valuable minerals from the said districts. Despite the fact that it has been brought to the notice of the respondents both State level and Central level on various occasions, all fell on deaf ears. Since no positive action has been taken by the State Government for implementation of the relevant provisions of the Act, the petitioner was constrained to approach this Court on the strength of the Supreme Court directions given in the case of Paramjit Bhasin and Ors. V/s. Union of India and Ors., 2006 1 JLJR 34. On service of notice, on behalf of Superintendent of Police, West Singhbhum, counter -affidavit has been filed. This Court, being not satisfied with the said counter, which was bereft of any details, directed the State Government, by the order dated 23.4.2007, to file counter -affidavit, giving details of the steps taken so far and also the future modalities for curbing the above referred menace. Accordingly, one Mr. Avinash Kumar, the Transport Commissioner, on behalf of the State, has filed the counter -affidavit, giving the details of the steps so far taken. According to him, for the prevention of over -loading, the State authorities have been implementing the relevant provisions of the Motor Vehicle Act regularly and efficiently and he, being a Senior Government Official, taking much interest to implement the provisions of the Motor Vehicles Act within the State, gave strict directions through which over -loading in the trucks has to be checked.
(3.) WE have heard the counsel for the petitioner as well as the counsel for the State and Central Government and gone through the affidavits filed by the respective parties.;